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(영문) 서울북부지방법원 2019.02.13 2017가단21302
물품대금 등
Text

1. The Defendant: (a) KRW 101,00,000 to the Plaintiff (Appointed Party); and (b) KRW 22,583,00 to the appointed Party D; and (c) to each of them on November 2018.

Reasons

1. Facts of recognition;

A. (i) The Defendant contracted the construction of the Ftel in Seongdong-gu Seoul Metropolitan Government to E Co., Ltd. (hereinafter “E”).

B. The Plaintiff (Appointed Party) and the appointed parties D and G, H, I, and the J Co., Ltd. have supplied goods or subcontracted to E as follows:

On September 22, 2014, the Plaintiff (Appointed Party) supplied goods and services for a party period: (a) supply of oil from September 24, 2014 to November 11, 2014; (b) supply of oil from September 25, 365,338 H on November 18, 2014; (c) supply of 25,520,000 I on August 14, 2014; (d) supply of construction equipment from October 14, 2014 to November 11, 2014; and (e) supply of construction equipment from October 24, 2014 to October 30, 2014; and (e) supply of construction equipment from October 27, 202, 207, D 2014 to October 30, 2014; and (e) supply of construction equipment from September 25, 2014 to 308.

B. On October 19, 2015, the Defendant agreed to terminate the construction work with E, etc. and to pay the amount of the construction work at KRW 375,00,000.

C. (i) On March 18, 2016, E transferred KRW 101,00,000 out of the construction cost claim against the Defendant to the Plaintiff (Appointed Party) and G, H, I, I, and the Plaintiff (Appointed Party) delegated by the Dispute Settlement Council to secure the obligation against the Plaintiff (Appointed Party) and G, H, I, I, and the Dispute Settlement Council, and notified the Defendant of the fact of the transfer.

She also transferred KRW 22,583,00, out of the construction cost claims against the Defendant to the selector on March 21, 2016, and notified the Defendant of the transfer at that time.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 10 (including each number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is jointly and severally liable with E to pay to the plaintiff (appointed party) KRW 101,00,000, and 22,583,000, and each of them shall be jointly and severally liable to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from November 28, 2018 to the day of full payment, which is the day following the delivery of a copy of the application for modification of the purport of the claim of this case.

(b).

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